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Return to:
Theresa White
Kalispell City Clerk
P.O. Box 1997
Kalispell, MT 59903
200700020385 Fees: $28.00 by; AB
AGREEMENT by KALISPELL CITY ATTN/T WHITE
Date 7/9/2007 Time 12:35 PM Page: 1 of 4
Paula Robinson, Flathead County Montana
APPENDIX E
SUBDIVISION IMPROVEMENT AGREEMENT
a00715q o 84 90
THIS AGREEMENT, made and entered into this 7th day of May , 20 07 , by and
between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the First Part and
hereinafter referred to as the CITY, and
Genesis Developments, LLC ,
(Name of Developer)
a Comnan
(Individual, Company or Corporation)
located at P.O. Box 458 Somers MT 59932 ,
(Street Address/P. O. Box) (City, County, State, ,dip)
Party of the Second Part and hereinafter referred to as DEVELOPER.
WITNESSETH:
THAT WHEREAS, the Developer is the owner and developer of a new subdivision known as
Amended Plat of Lot 2 of Westbrook Subdivision
(Name of Subdivision)
located at Kalispell, Montana
(Location of Subdivision)
and,
WHEREAS, the City has conditioned it's approval of the final plat of Amended Plat of Lot 2 of
Westbrook Subdivision , upon the conditions as set forth (Name of Subdivision) in the Preliminary
Plat of the Subdivision being completed and all improvements, as cited in "Exhibit A" have not been
completed at this time, and the Developer wishes to bond for the completion of those improvements
set forth in "Exhibit A"; and
WHEREAS, the City's Subdivision Regulations require that a subdivider shall provide a financial
security of 125% of the estimated total cost of construction of said improvements as evidenced by an
estimate prepared by a licensed public engineer included herewith as "Exhibit B", and
WHEREAS, the estimated total cost of construction of said improvements is the sum of $ 29 911.68
NOW THEREFORE, in consideration of the approval of the final plat of said Subdivision by the
City, the Developer hereby agrees as follows:
1. The Developer shall deposit as collateral with the City a Letter of Credit, or other acceptable
collateral as determined by the City Council, in the amount of $ 37 389.Go . Said Letter
of Credit or other collateral shall have an expiration date of at least sixty (60) days following the date
set for completion of the improvements, certifying the following:
a. That the creditor guarantees funds in the sum of $.... 37,389.60_ the estimated cost of
completing the required improvements in Amended Plat of Lot 2 of Westbrook
Subdivision
(Name of Subdivision)
b. That if the Developer fails to complete the specified improvements within the required period, the
creditor will pay to the City immediately, and without further action, such funds as are
necessary to finance the completion of those improvements up to the limited of credit stated in
the letter;
2. That said required improvements shall be fully completed by September 1 , 20_07_.
3. That upon completion of the required improvements, the Developer shall cause to be filed with the
City a statement certifying that:
a. All required improvements are complete;
b. That the improvements are in compliance with the minimum standards specified by the City for
their construction and that the Developer warrants said improvements against any and all
defects for a period of one (1) year from the date of acceptance of the completion of those
improvements by the City;
c. That the Developer knows of no defects in those improvements;
d. That these improvements are free and clear of any encumbrances or liens;
e. That a schedule of actual construction costs has been filed with the City; and,
f. All applicable fees and surcharges have been paid.
4. The Developer shall cause to be filed with the City copies of final plans, profiles, grades and
specifications of said improvements, with the certification of the registered professional engineer
responsible for their preparation that all required improvements have been installed in conformance
with said specifications.
IT IS ALSO AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS, TO -
WIT: That the Developer shall provide for inspection of all required improvements by a registered
professional engineer before the Developer shall be released from the Subdivision Improvement
Agreement.
That if the City determines that any improvements are not constructed in compliance with the
specifications, it shall furnish the Developer with a list of specific deficiencies and may withhold
collateral sufficient to insure such compliance. If the City determines that the Developer will not
construct any or all of the improvements in accordance with the specifications, or within the required
time limits, it may withdraw the collateral and employ such funds as may be necessary to construct the
improvement or improvements in accordance with the specifications. The unused portions of the
collateral shall be returned to the Developer or the crediting institution, as is appropriate.
1111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111
Document Number: 200700020385
Page: 2
IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the day and year
herein before written.
Genesis Developments. LLC.
(Name of SubdjonlD�,vejoper/Firm)
by
(Title)/
STATE OF MONTANA
COUNTY OF f6#-ew4
On this � � day of u,� 1120 before me, a Notary Public for the
State of Montana, personally appeared :3Qe'-_ CLLck ,known to me to be
the Lt_�lp�Qpr�e�— of �P�y, � I���prtt e�Ts Gc_c,, whose name is
subscribed to the foregoing instrument and acknowledged to me that he/she executed the same.
IN WITNESS WHEREOF, I have hereunto' my hand anaxed my Notarial Seal this day and
Ve9f=
r fir t above written.:.
. ��� __iL diZ� 1* 1
No Public f r Fe'State of nt na
Re iding at T�J►
My Commission Ex fires 6
(M7 OR, CITY OF "LISPELL
it 0
OF 1A
ATTE :
CTtY CLERK
11111 Hill Hill 11111111111111111111 limIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
Do
cument Sent Number: 200700020385
EXHIBIT B
This agreement specifically includes the following improvements, their projected construction completion
date and estimated construction costs.
CHECK. CONSTRUCTION ESTIMATED PERCENTAGE
APPROPRIATE COMPLETION CONSTRUCTION COMPLETE
IMPROVEMENTS DATE COSTS
Street Grading/Paving
nla -
Street Base
nla -
Sidewalks
nla -
Curbs and Gutters
nla -
Sanitary Sewer
nla -
Mains
Other (Manholes/Service ) nla
On -Site Sewage
nla
Facilities
Water System
nla
Mains
Other }
nla
On -Site Water Supply
nla
Water Storage Tanks
nla
Fire Hydrants
nla
Storm Sewer or
nla
Drainage Facilities
Street Signs
nla
Street Lighting
n1a
Street Monuments
nla
Survey Monument Boxes
nla
Landscaping/Boulevard trees
nla
(includes Common Areas)
Other (See Below)
X
I hr. fire wall construction
X
Remove fagade between buildings
X
Relocated sign for Lot A
X
:. ~•
�f _4
41
r •-
M
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91I12007 $18,223.58
0%
9/1/2007 $8,188
0%
9/1/2007 $ 3, 5 00
0%
SUBTOTAL $ 29,911.68
FEES NIA
TOTALS COSTS $ 292911.68
TOTAL COLLATERAL (TOTALS COSTS X 125%) $ 37,389.60 _
Document Number: 200700020385
Page: 4